Proposed Rules. Availability of request for stay of the effectiveness of tolerances; request for comments
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BILLING CODE 4910-13-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [EPA-HQ-OPP-2005-0174 and EPA-HQ-OPP-2003-0373; FRL-8075-6] Sulfuryl Fluoride; Request for Stay of Tolerances AGENCY: Environmental Protection Agency (EPA). ACTION: Availability of request for stay of the effectiveness of tolerances; request for comments. SUMMARY: This document announces the availability of a document requesting a stay of the effectiveness of various pesticide tolerances under the Federal Food, Drug, and Cosmetic Act for sulfuryl fluoride and fluoride, and opens a public comment period on this document.
This request for a stay was filed in conjunction with objections and requests for hearings that were submitted in response to promulgation of these tolerances. The stay request relies primarily on the recent report of the National Research Council on fluoride. DATES: Comments must be received on or before August 4, 2006. ADDRESSES: Submit your comments, identified by docket identification
(ID)number(s) EPA-HQ-OPP-2005-0174 and/or EPA-HQ-OPP-2003-0373, by one of the following methods: • *Federal eRulemaking Portal* : *http://www.regulations.gov* . Follow the on-line instructions for submitting comments. • *Mail* : Office of Pesticide Programs
(OPP)Regulatory Public Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001. • *Delivery* : OPP Regulatory Public Docket (7502P), Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Drive, Arlington, VA. Deliveries are only accepted during the Docket's normal hours of operation (8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays). Special arrangements should be made for deliveries of boxed information. The Docket Facility telephone number is
(703)305-5805. *Instructions* : Direct your comments to docket ID number(s) EPA-HQ-OPP-2005-0174 and/or EPA-HQ-OPP-2003-0373. EPA's policy is that all comments received will be included in the docket without change and may be made available on-line at *http://www.regulations.gov* , including any personal information provided, unless the comment includes information claimed to be Confidential Business Information
(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through regulations.gov or e-mail. The Federal regulations.gov website is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. *Docket* : All documents in the docket are listed in the docket index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either in the electronic docket at *http://www.regulations.gov* , or, if only available in hard copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Drive, Arlington, VA. The hours of operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The Docket Facility telephone number is
(703)305-5805. FOR FURTHER INFORMATION CONTACT: Meredith Laws, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(703)308-7038; fax number:
(703)308-0029; e-mail address: *laws.meredith@epa.gov* . SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? This action is directed to the public in general, and may be of interest to a wide range of stakeholders including environmental, human health, and agricultural advocates; the chemical industry; pesticide users; and members of the public interested in the sale, distribution, or use of pesticides. Since others also may be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT . B. What Should I Consider as I Prepare My Comments for EPA? 1. *Submitting CBI* . Do not submit this information to EPA through regulations.gov or e-mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. 2. *Tips for preparing your comments* . When submitting comments, remember to: i. Identify the document by docket
(ID)number and other identifying information (subject heading, **Federal Register** date and page number). ii. Follow directions. The Agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations
(CFR)part or section number. iii. Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes. iv. Describe any assumptions and provide any technical information and/or data that you used. v. If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced. vi. Provide specific examples to illustrate your concerns and suggest alternatives. vii. Explain your views as clearly as possible, avoiding the use of profanity or personal threats. viii. Make sure to submit your comments by the comment period deadline identified. II. Background A. What Action Is the Agency Taking? EPA has received a motion requesting that EPA stay the effectiveness of pesticide tolerances for sulfuryl fluoride and fluoride promulgated on January 23, 2004 (69 FR 3240) (FRL-7342-1), and July 15, 2005 (70 FR 40899) (FRL-7723-7). There are currently objections and requests for hearing pending with regard to these tolerances. The objections and requests for hearing were filed by the Environmental Working Group, the Fluoride Action Network, and Beyond Pesticides/National Coalition (“the objectors”). The motion is dated June 1, 2006, but it was not received by EPA counsel handling this matter until June 13, 2006. As the basis for a stay, the objectors rely heavily on the National Research Council's report titled *Fluoride in Drinking Water: A Scientific Review of EPA's Standards* . This report was released on March 22, 2006. Given that the tolerances as to which the stay is being sought have been in effect for an extended period and that the request for a stay raises complex science issues of great public interest, EPA is publishing this notice of availability of the motion for a stay and requesting comment on the motion. The motion for a stay is available in the OPP Regulatory Public Docket under the dockets for the tolerance rules in question: EPA-HQ- OPP-2005-0174 and EPA-HQ-OPP-2003-0373. The OPP Regulatory Public Docket is physically located at the address included in the ADDRESSES section above. The dockets for these rulemakings are also available online in the Federal Government's electronic docket at *www.regulations.gov* . B. What Is the Agency's Authority for Taking this Action? Section 408(g)(1) of the FFDCA, 21 U.S.C. 346a(g)(1), authorizes EPA to stay the effectiveness of a regulation if objections are filed to such regulation. Section 408(g)(2) of the FFDCA, 21 U.S.C. 346a(g)(2), permits any person to file objections to a tolerance regulation and authorizes EPA to rule on such objections. List of Subjects in 40 CFR Part 180 Environmental protection, Administrative practice and procedure, Agricultural commodities, Pesticides and pests, Reporting and recordkeeping requirements. Dated: June 26, 2006. Lois Rossi, Director, Registration Division, Office of Pesticide Programs. [FR Doc. E6-10454 Filed 7-3-06; 8:45 am] BILLING CODE 6560-50-S 71 128 Wednesday, July 5, 2006 Notices DEPARTMENT OF AGRICULTURE Office of the Secretary Forest Land Recovery Program; Determination of Primary Purpose of Certain Payments for Federal Tax Purposes AGENCY: Office of the Secretary, USDA. ACTION: Notice of determination. SUMMARY: The Secretary of Agriculture has determined that cost-share payments made to individuals under the Forest Land Recovery Program
(FLRP)are made primarily for the purpose of conserving soil and water resources, restoring the environment, restoring and improving forests, or restoring and providing a habitat for wildlife. This determination permits recipients to exclude certain payments under the FLRP from gross income for Federal income tax purposes to the extent allowed by the Internal Revenue Service. DATES: The Secretary's determination was signed on June 21, 2006. ADDRESSES: Questions may be addressed to Karl R. Dalla Rosa, Cooperative Forestry Staff, Forest Service, USDA, 1400 Independence Avenue, SW., Mail Stop 1123, Washington, DC 20250-1123. A copy of the determination is available upon request. FOR FURTHER INFORMATION CONTACT: Karl R. Dalla Rosa, Cooperative Forestry Staff, USDA Forest Service, 202-205-6206. SUPPLEMENTARY INFORMATION: Section 126 of the Internal Revenue Code (26 U.S.C. 126, as amended) provides that all or part of payments made to persons under certain cost-sharing programs in 26 U.S.C. (a)(1) through
(10)may be excluded from the recipient's gross income for Federal income tax purposes under two conditions:
(1)If the Secretary of Agriculture determines that the payments are made primarily for the purpose of conserving soil and water resources, protecting or restoring the environment, improving forests, or providing a habitat for wildlife (the criteria for making such a determination are set forth in 7 CFR part 14, Determining the Primary Purpose of Certain Payments for Federal Tax Purposes), and
(2)If the payments are determined by the Secretary of the Treasury as not increasing substantially the annual income derived from the property. To make such a determination, the Secretary of Agriculture evaluates a cost-share conservation program based on the criteria set out in 7 CFR part 14. Following a primary purpose determination by the Secretary of Agriculture, the Secretary of the Treasury must determine that payments made under the cost-share conservation program do not substantially increase the annual income derived from the property benefited by the payments. Therefore, having carefully examined the authorizing legislation for the Forest Land Recovery Program
(FLRP)(Section 110 of the The Military Construction Appropriations and Emergency Hurricane Supplemental Appropriations Act of 2005; Pub. L. 108-324) and the planned operating procedures, the Secretary of Agriculture has determined, according to the criteria set forth in 7 CFR part 14, that the cost-share payments for implementing approved practices under the FLRP are made primarily for the purpose of conserving soil and water resources, improving forests, protecting and restoring the environment, and providing a habitat for wildlife. Subject to further determination by the Secretary of the Treasury that payments made under the FLRP do not substantially increase the annual income derived from the property benefited by these payments, this determination by the Secretary of Agriculture permits payment recipients to exclude from gross income for Federal income tax purposes, all or part of the cost-share payments made under this program to the extent allowed by the Internal Revenue Service. Dated: June 21, 2006. Mike Johanns, Secretary. [FR Doc. E6-10420 Filed 7-3-06; 8:45 am] BILLING CODE 4310-11-P DEPARTMENT OF AGRICULTURE Food and Nutrition Service Agency Information Collection Activities: Proposed Collection; Comment Request Worksheet for Food Stamp Program Quality Control Reviews AGENCY: Food and Nutrition Service, USDA. ACTION: Notice. SUMMARY: As required by the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on the proposed information collection of the FNS-380, Worksheet for Food Stamp Program Quality Control Reviews. This proposed collection is a revision of a collection currently approved under OMB No. 0584-0074. DATES: Written comments must be submitted on or before September 5, 2006. ADDRESSES: Comments are invited on:
(a)Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information has practical utility;
(b)the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
(c)ways to enhance the quality, utility, and clarity of the information to be collected; and
(d)ways to minimize the burden of the collection of information on those who are to respond, including the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. Send comments and requests for copies of this information collection to Daniel Wilusz, Chief, Quality Control Branch, Program Accountability Division, Food and Nutrition Service, U.S. Department of Agriculture, 3101 Park Center Drive, Room 822, Alexandria, VA 22302. You may fax comments on this notice to
(703)305-0928. You may also download an electronic version of this notice at *http://www.fns.usda.gov/fsp/rules/Regulations/default.htm* and comment via e-mail at *Daniel.Wilusz@fns.usda.gov.* All responses to this notice will be included in the request for OMB's approval. All comments will also become a matter of public record. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection form and instruction should be directed to Daniel Wilusz at
(703)305-2460. SUPPLEMENTARY INFORMATION: *Title:* Worksheet for Food Stamp Program Quality Control Reviews. *OMB Number:* 0584-0074. *Form Number:* FNS-380. *Expiration Date:* November 30, 2006. *Type of Request:* Revision of a currently approved collection. *Abstract:* The Form FNS-380 is a worksheet used in the Food Stamp Program to determine eligibility and benefits for households selected for review in the quality control
(QC)sample of active cases. We estimate the reporting burden for this collection of information averages 8.9764 hours per each State agency's response. This includes the time for analyzing the household case record; planning and carrying out the field investigation; gathering, comparing, analyzing and evaluating the review data and forwarding selected cases to the Food and Nutrition Service for Federal validation. In addition to the State agency's burden, we also estimate the average burden on each household to be 0.50 hours for each of the estimated 57,146 households being interviewed. This includes a face-to-face interview with the QC reviewer to verify the identity and existence of the household and to explore the household circumstances affecting the eligibility and benefit level. This is an increase of 2,443 State and household responses from the estimate made to substantiate the currently approved collection. The increase in responses is a result of an augmented participation rate that resulted in an increase in the number of cases being sampled. We estimate that the total reporting burden associated with this information collection for both State agencies and households is 541,432 hours. This is a 23,044 increase in hours from the currently approved burden of 518,388. The recordkeeping burden for the State agency is 0.0236 hours per record. There was a corresponding increase in the recordkeeping burden from 1,291 hours to 1,349 hours based on the increase in sample size. The aggregate of the reporting (541,432 hours) and recordkeeping (1,349 hours) resulted in a total annual burden of 542,781 hours. *Affected Public:* Individuals or households; State or local governments. *Estimated Number of Responses Per Respondent:* 1.00. *Estimated Number of Respondents:* 57,199. *Estimated Total Annual Responses:* 57,199 Responses. *Estimated Hours Per Response:* 9.47 Hours. *Total Annual Reporting Burden:* 541,432 Hours. *Estimated Number of Recordkeepers:* 53. *Estimated Hours Per Recordkeeper:* .0236 Hours. *Total Annual Recordkeeping Burden:* 1,349 Hours. *Total Annual Reporting and Recordkeeping Burden:* 542,781 Hours. Dated: June 22, 2006. Roberto Salazar, Administrator. [FR Doc. E6-10405 Filed 7-3-06; 8:45 am] BILLING CODE 3410-30-P DEPARTMENT OF AGRICULTURE Food and Nutrition Service Agency Information Collection Activities: Proposed Collection; Comment Request Generic Clearance To Conduct Formative Research AGENCY: Food and Nutrition Service, USDA. ACTION: Notice. SUMMARY: In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other interested parties to comment on a proposed information collection. This information collection will conduct research in support of FNS' goal of delivering science-based nutrition education to targeted audiences. From development through testing of materials and tools with the target audience, FNS plans to conduct data collections that involve formative research including focus groups, interviews (dyad, triad, telephone, etc.), surveys and web-based collection tools. DATES: Written comments must be received on or before September 5, 2006. ADDRESSES: Comments are invited on:
(a)Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information has practical utility;
(b)the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
(c)ways to enhance the quality, utility, and clarity of the information to be collected; and
(d)ways to minimize the burden of the collection of information on those who are to respond, including use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. Comments may be sent to Judy F. Wilson, Director, Nutrition Services Staff, Food and Nutrition Service, U.S. Department of Agriculture, 3101 Park Center Drive, Room 1012, Alexandria, VA 22302. Comments may also be faxed to the attention of Judy F. Wilson at
(703)305-2576. All written comments will be open for public inspection at the office of the Food and Nutrition Service during regular business hours (8:30 a.m. to 5 p.m., Monday through Friday) at 3101 Park Center Drive, Alexandria, Virginia 22302, Room 1012. All responses to this notice will be summarized and included in the request for Office of Management and Budget
(OMB)approval. All comments will be a matter of public record. FOR FURTHER INFORMATION CONTACT: Requests for additional information should be directed to Judy F. Wilson or Anita Singh at
(703)305-2585. SUPPLEMENTARY INFORMATION: *Title:* Generic Clearance to Conduct Formative Research for Development of Nutrition Education Materials and Related Tools for FNS Population Groups. *OMB Number:* 0584-0524. *Expiration Date:* December 31, 2006. *Type of Request:* Extension of a previously approved information collection. *Abstract:* This information collection is based on the Child Nutrition Act of 1966, as amended, the National School Lunch Act of 1966, as amended, the Food Stamp Act of 1977, as amended, the Agriculture and Consumer Protection Act of 1973, as amended, and the Emergency Food Assistance Act of 1983, as amended. This request for approval of information collection is necessary to obtain input into the development of nutrition education interventions for population groups served by the U.S. Department of Agriculture—Food and Nutrition Service (USDA-FNS). Diet has a significant impact on the health of citizens and is linked to four leading causes of disease, which can reduce the quality of life and cause premature death. While these diet-related problems affect all Americans, they have a greater impact on the disadvantaged populations served by many FNS programs. One of FNS' goals includes improving the nutrition of children and low-income families by providing access to program benefits and nutrition education. The FNS programs include Child Nutrition, Food Distribution, Food Stamp and Supplemental Foods Programs. The basis of our approach rests on the philosophies that all health communications and social marketing activities must be science-based, theoretically grounded, audience-driven, and results-oriented. Secondly, consumer-based health communications require a focus on specific target audiences, encouraging positive behaviors in culturally relevant ways, unique benefits and supports for adopting the new behavior, insights into the most appropriate time and place to deliver messages, and striking the right tone to enhance attention and action to the message. Interventions need to be designed so that they can be delivered through different types of media and in a variety of formats for diverse audiences. FNS initiated a nutrition education and promotion campaign, entitled Eat Smart. Play Hard. TM (the Campaign) in FY 2000. The Campaign is designed to convey science-based, behavior-focused nutrition messages about healthy eating and physical activity to children eligible to participate in FNS nutrition assistance programs and their caregivers. The messages are based on the *2005 Dietary Guidelines for Americans (DGAs)* and *MyPyramid.* Future projects will support Eat Smart. Play Hard. TM and other nutrition education initiatives for all FNS nutrition assistance programs. This includes development of nutrition education materials, messages and interventions for all FNS nutrition assistance programs and participants. Fundamental to FNS' success in delivering science-based nutrition messages and reaching diverse segments of the population is obtaining qualitative feedback from key components of the target audience or individuals providing service to the target audience on the communication strategies and interventions that will be developed. This formative research is essential to advancing Eat Smart. Play Hard. TM as well as other FNS nutrition education efforts. Formative input and testing activities described will help in the development of effective tools and communication strategies. Collection of this information will increase FNS' ability to formulate nutrition education interventions that resonate with the intended target population, in particular low-income families. Formative research methods and information collection will include focus groups, interviews (dyad, triad, telephone, etc.), surveys and web-based data collection. The data obtained will provide input regarding the potential use of materials and products during both the developmental and testing stages. In order to determine future nutrition education needs, tools and dissemination strategies, key informant interviews will be conducted. This task involves collecting a diverse array of information from a variety of groups including: People familiar with the target audiences; individuals delivering nutrition education interventions and projects; program providers at State and local levels; program participants and other relevant informants associated with FNS programs. Findings from all data collection will be included in summary reports submitted to USDA-FNS. The reports will describe the data collection methods, findings, conclusions, implications, and recommendations for the development and effective dissemination of nutrition education materials and related tools for FNS population groups. There will be no specific quantitative analysis of data. No attempt will be made to generalize the findings to be nationally representative or statistically valid. *Respondents:* Recipients and those persons eligible for FNS nutrition assistance programs, State and local staff administering FNS programs, FNS stakeholders and consumers, and other interested parties. Estimated Number of Respondents: 19,000 Focus Group Screeners 3000 Interview Screeners/Surveys 1400 Focus Groups 1500 Intercept Interviews 800 Dyad/Triad Interviews 200 Telephone Interviews 1500 Surveys 800 Web-based Collections 800 Confidentiality Agreements 9000 Estimated Time per Response: Focus Group Screeners 1 10 Interview Screeners/Surveys 1 10 Focus Groups 1 120 Intercept Interviews 1 30 Dyad/Triad Interviews 1 60 Telephone Interviews 1 15 Surveys 1 30 Web-based Collections 1 30 Confidentiality Agreement 1 10 Estimated Total Annual Burden on Respondents: Focus Group Screeners 1 30,000 Interview Screeners/Surveys 1 14,000 Focus Groups 1 180,000 Intercept Interviews 1 24,000 Dyad/Triad Interviews 1 12,000 Telephone Interviews 1 22,500 Survey Instruments 1 24,000 Web-based Collections 1 24,000 Confidentiality Agreement 1 90,000 Total Estimated Burden 1 420,500 1 Minutes. Public reporting burden for this collection of information is estimated to average 19,000 respondents with a total estimated burden of 420,500 minutes or 7,008 hours. Dated: June 28, 2006. Roberto Salazar, Administrator, Food and Nutrition Service. [FR Doc. E6-10466 Filed 7-3-06; 8:45 am] BILLING CODE 3410-30-P DEPARTMENT OF AGRICULTURE Food Safety and Inspection Service [Docket No. FSIS-2006-0008] Retail and Home Food Handling and Preparation Behaviors That May Lead to Cross-Contamination by Bacterial Pathogens of Foods That Are Not Likely To Undergo Cooking or Additional Cooking AGENCY: Food Safety and Inspection Service, USDA. ACTION: Notice of request for information. SUMMARY: The Food Safety and Inspection Service
(FSIS)is requesting information on studies related to cross-contamination by bacterial foodborne pathogens of foods that are not likely to undergo cooking or additional cooking in food handling and preparation. Specifically, FSIS is interested in quantitative data obtained by observation of retail (commercial and institutional settings) and home food handlers. FSIS requests information on the types of food handling and preparation behaviors that could lead to the transfer of bacteria from products of animal origin to foods that are not likely to undergo cooking or additional cooking ( *e.g.,* salad components and ready-to-eat foods), as well as information on the frequency at which these behaviors occur. Information submitted in response to this Request for Information may be used in risk assessment modeling to estimate the public health impact of the presence of various bacterial foodborne pathogens in meat, poultry, and egg products. DATES: Submissions must be received on or before September 3, 2006. ADDRESSES: You may submit information by any of the following methods: • Mail, including floppy disks or CD-ROM's, and hand-or courier-delivered items: Send to Neal J. Golden, U.S. Department of Agriculture, Food Safety and Inspection Service, Office of Public Health Science, Risk Assessment Division, 1400 Independence Avenue, SW., Room 374, Aerospace Center, Washington, DC 20250-3700. • Electronic mail: *neal.golden@fsis.usda.gov.* • Facsimile: Neal Golden at
(202)690-6337. All submissions must include the Agency name and docket number FSIS-2006-0008. FOR FURTHER INFORMATION CONTACT: Neal Golden, Office of Public Health Science, Food Safety and Inspection Service; Telephone:
(202)690-6419, Electronic mail: *neal.golden@fsis.usda.gov.* Please note that the telephone and facsimile numbers are not toll free numbers. Office hours are from 9 a.m. to 5 p.m., e.s.t., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: A. Purpose The Risk Assessment Division of FSIS' Office of Public Health Science develops and performs risk assessments of bacterial pathogens in meat, poultry, eggs and egg products to inform the Agency's policy development activities. These risk assessments are used to evaluate intervention strategies to reduce foodborne risks and to guide, support, and enhance the Agency's overall decision-making process, risk-management policies, outreach efforts, data collection initiatives, and research priorities. The purpose of this notice is to encourage the submission of quantitative data or information on studies of retail and home food preparation behavior that could lead to cross-contamination of foods that are not likely to undergo cooking or additional cooking after the contamination occurs. In particular, quantitative information obtained through observation of retail and home food handlers is needed. FSIS will review the information submitted in response to this Request for Information for use in the development of risk assessment models. This Request for Information does not pertain to a particular regulatory initiative or rule-making proposal but is rather a method to identify information to inform Agency risk assessments. B. Background Cross-contamination of foods by bacterial foodborne pathogens occurs at retail establishments and in the home and is thought to be a significant contributing factor for foodborne illness in the U.S. Improper handling of raw products of animal origin can result in the contamination of salad components and other foods that are typically consumed without further cooking. Data are needed to inform risk assessments to assess the consumer risk from foods that have been cross-contaminated. The exposure assessment component of a risk assessment estimates the likelihood of exposure to a microbial pathogen and the number of organisms likely to be consumed. To develop an accurate assessment of exposure, it is necessary to consider the major exposure pathways. However, there is a lack of quantitative data to evaluate the impact of cross-contamination on consumer exposure to foodborne pathogens. To better understand the impact of retail and home cross-contamination on public health, information is needed on the following two topics:
(1)Food handling behaviors and their frequency and
(2)transfer rate of bacterial foodborne pathogens. 1. Food Handling Behaviors and Frequency To incorporate cross-contamination exposure pathways into risk assessment modeling, we need to know the types of food preparation and handling behaviors used at retail and in the home. We also need to know the frequency at which these behaviors are exhibited. Most information available on retail and home food handling is based upon self-reported surveys, obtained by the use of questionnaires, interviews, and focus groups. However, data obtained in this manner may not be a true reflection of actual practices because of reporting bias. Though this type of survey data can be useful, it is not preferable. Direct observation of food preparation behaviors is required to understand more fully cross-contamination exposure pathways. Observational data can be obtained by different means; video taping, observation by closed circuit viewing, and direct observation (being present in the food preparation location) have been used. Observational techniques can produce quantitative data and are less biased than self-reporting. As a result, quantitative observational data are favored for risk assessment modeling purposes. 2. Transfer Rate of Bacterial Foodborne Pathogens To understand the transfer of bacterial pathogens in kitchens, information on the likelihood of transfer to different components within this environment is needed. Researchers have investigated bacterial transfer rates; however, these studies have used a limited number of contamination sources and a limited range of bacteria. For example, studies that use raw products purchased at retail to examine the transfer of pathogens present on that product would be more representative than studies that add bacteria and then study the transfer rate. Information on the distribution of transfer rates of *E. coli* O157:H7, *Salmonella* , *Campylobacter* , and *Listeria* from meat, poultry, and egg products during food handling and preparation behaviors would be useful to model retail and domestic cross-contamination. Additional Public Notification Public awareness of all segments of rulemaking and policy development is important. Consequently, in an effort to ensure that the public and in particular minorities, women, and persons with disabilities, are aware of this notice, FSIS will announce it on-line through the FSIS Web page located at *http://www.fsis.usda.gov/regulations_&_policies/2006_Notices_Index/index.asp.* The Regulations.gov Web site is the central online rulemaking portal of the United States government. It is being offered as a public service to increase participation in the Federal government's regulatory activities. FSIS participates in Regulations.gov and will accept comments on documents published on the site. The site allows visitors to search by keyword or Department or Agency for rulemakings that allow for public comment. Each entry provides a quick link to a comment form so that visitors can type in their comments and submit them to FSIS. The website is located at *http://www.regulations.gov.* FSIS also will make copies of this **Federal Register** publication available through the FSIS Constituent Update, which is used to provide information regarding FSIS policies, procedures, regulations, **Federal Register** notices, FSIS public meetings, recalls, and other types of information that could affect or would be of interest to our constituents and stakeholders. The update is communicated via Listserv, a free e-mail subscription service consisting of industry, trade, and farm groups, consumer interest groups, allied health professionals, scientific professionals, and other individuals who have requested to be included. The update also is available on the FSIS Web page. Through Listserv and the web page, FSIS is able to provide information to a much broader, more diverse audience. In addition, FSIS offers an e-mail subscription service which provides automatic and customized access to selected food safety news and information. This service is available at *http://www.fsis.usda.gov/news_and_events/email_subscription/.* Options range from recalls to export information to regulations, directives and notices. Customers can add or delete subscriptions themselves and have the option to password protect their account. C. Disclaimer This Request for Information should not be construed as a commitment by the Agency to enter into any agreement with any entity submitting response(s). Done in Washington, DC, June 28, 2006. Barbara J. Masters, Administrator. [FR Doc. E6-10418 Filed 7-3-06; 8:45 am] BILLING CODE 3410-DM-P DEPARTMENT OF AGRICULTURE Forest Service Norwood Project; Hell Canyon Ranger District, Black Hills National Forest; Custer, SD AGENCY: Forest Service, USDA. ACTION: Notice of intent to prepare an Environmental Impact Statement (EIS). SUMMARY: The Hell Canyon Ranger District of the Black Hills National Forest intends to prepare an Environmental Impact Statement
(EIS)for a proposal to implement multiple resource management actions within the Norwood project area as directed by the Black Hills National Forest Land and Resource Management Plan. The Norwood project area is approximately 46,450 acres in size, with 42,250 acres of National Forest lands and 4,200 acres of private land. The South Dakota State snowmobile trail system bisects the area and the Beaver Creek cross-country ski area is within the project area. The project proposes to modify stand conditions in the project area to enhance vegetative diversity, reduce the risk of mountain pine beetle infestation and large scale wildfire, provide for wildlife habitat needs and provide for a sustainable supply of commercial timber, while providing for management and public access needs. DATES: Comments concerning the scope of the analysis will be most useful if received within 30 days following publication of this notice. The draft environmental impact statement is expected to be available in October 2006 and the final environmental impact statement is expected to be completed by February 2007. ADDRESSES: Send written comments to Michael D. Lloyd, District Ranger, Back Hills National Forest, Hell Canyon Ranger District, 330 Mount Rushmore Road, Custer, South Dakota 57730. Telephone number:
(605)673-4853. Fax number:
(605)673-5461. Electronic comments must be readable in Word, Rich Text or pdf formats and must contain “Norwood” in the subject line. electronic comments may be e-mailed to: *comments-rocky-mountain-black-hills-hell-canyon@fs.fed.us.* FOR FURTHER INFORMATION CONTACT: Kelly Honors, Project Leader, at the address listed above or by phone at
(315)668-3307 or
(605)673-4853. SUPPLEMENTARY INFORMATION: The actions proposed are in direct response to management direction provided by the Black Hills National Forest Land and Resource Management Plan, as amended (Forest Plan). The Project Area is located along approximately 22 miles of the Wyoming and South Dakota border in Pennington County, South Dakota and Weston and Crook Counties in Wyoming. The southernmost point of the project area is approximately 7 miles directly east of Newcastle, Wyoming. Purpose and Need for Action The purpose and need for action in the Norwood project area is to enhance vegetative diversity, reduce the risk of mountain pine beetle infestation and large-scale wildfire, provide for wildlife habitat needs and provide a sustainable supply of commercial timber consistent with Forest Plan direction, while providing for management and public access needs. This project is focused on implementing management actions that move toward achieving desired conditions and objectives embodied in Goals 2 (provide for biologically diverse ecosystems), 3 (provide for sustained commodity uses) and 10 (establish and maintain a mosaic of vegetation conditions to reduce occurrences of large-scale fire, insect, and disease events) of the Forest Plan. Proposed Action The proposed action includes the following management actions. • Commercial thinning on approximately 6,900 acres to increase tree growth and vigor, reduce the potential for mountain pine beetle infestation and reduce the potential for spreading crown fires. • Creation and maintenance of within stand diversity in pine and mixed spruce sites through use of uneven-aged management prescriptions on approximately 600 acres. • Restoration and maintenance of hardwood and meadow habitats by removing conifers from approximately 1,800 acres of these habitats. • Regeneration of mature pine stands on approximately 1,700 acres and releasing approximately 2,000 acres of regenerated pine stands through overstory removal prescription. • Removal of live pine trees which have mountain pine beetle larva in them, on approximately 270 acres, as a suppression method for mountain pine beetle infestation. • Fuels treatments designed to reduce fuel loadings, would occur on approximately 5,500 acres with broadcast burning being proposed on approximately 2,300 of these acres. • Reducing the density of the managed road system from 4.0 miles per square mile to 3.2 miles per square mile. This is to be accomplished by obliterating unneeded roads and by converting needed undetermined roads to system roads. Responsible Official Michael D. Lloyd, Hell Canyon District Ranger, Black Hills National Forest, 330 Mount Rushmore Road, Custer, SD, 57730. Nature of Decision To Be Made The decision to be made is whether or not to implement the proposed action or an alternative to the proposed action at this time. Scoping Process The Hell Canyon Ranger District has mailed letters with comprehensive scoping documents to adjacent landowners, local and tribal government representatives, permittees, organizations and other interested or potentially affected parties. The scoping document with attached maps is also posted on the Black Hills National Forest worldwide Web site, *http://www.fs.fed.us/r2/blackhills/.* Comments submitted in response to this NOI, will be most useful if received within 30 days from the date of this notice. Comment Requested This notice of intent is part of the scoping process which will guide the development of the EIS. Comments received will assist the planning team to identify key issues and opportunities used to refine the proposal or possible alternatives and mitigation measures. Comments on the DEIS will be requested during the 45 day comment period following publication of the Notice of Availability in the **Federal Register** , expected in October, 2006. Early Notice of Importance of Public Participation in Subsequent Environmental Review A draft environmental impact statement will be prepared for comment. The comment period on the draft environmental impact statement will be 45 days from the date the Environmental Protection Agency publishes the notice of availability in the **Federal Register** . The Forest Service believes, at this early stage, it is important to give reviewers notice of several court rulings related to public participation in the environmental review process. First, reviewers of draft environmental impact statements must structure their participation in the environmental review of the proposal so that it is meaningful and alerts an agency to the reviewer's position and contentions. *Vermont Yankee Nuclear Power Corp.* v. *NRDC* , 435 U.S. 519, 553 (1978). Also, environmental objections that could be raised at the draft environmental impact statement stage but that are not raised until after completion of the final environmental impact statement may be waived or dismissed by the courts. *City of Angoon* v. *Hodel* , 803 F.2d 1016, 1022 (9th Cir. 1986) and *Wisconsin Heritages, Inc.* v. *Harris* , 490 F. Supp. 1334, 1338 (E.D. Wis. 1980). Because of these court rulings, it is very important that those interested in this proposed action participate by the close of the 45 day comment period so that substantive comments and objections are made available to the Forest Service at a time when it can meaningfully consider them and respond to them in the final environmental impact statement. To assist the Forest Service in identifying and considering issues and concerns on the proposed action, comments on the draft environmental impact statement should be as specific as possible. It is also helpful if comments refer to specific pages or chapters of the draft statement. Comments may also address the adequacy of the draft environmental impact statement or the merits of the alternatives formulated and discussed in the statement. Reviewers may wish to refer to the Council on Environmental Quality Regulations for implementing the procedural provisions of the National Environmental Policy Act at 40 CFR 1503.3 in addressing these points. Comments received, including the names and addresses of those who comment, will be considered part of the public record on this proposal and will be available for public inspection. (Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook 1909.15, Section 21) Dated: June 26, 2006. Brad Exton, Deputy Forest Supervisor, Black Hills National Forest. [FR Doc. 06-5971 Filed 7-3-06; 8:45 am]
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Traces to 2 documents
9 references not yet in our index
- 40 CFR 180
- 40 CFR 2
- 7 CFR 14
- Pub. L. 108-324
- 435 U.S. 519
- 803 F.2d 1016
- 490 F. Supp. 1334
- 40 CFR 1503.3
- 40 CFR 1501.7
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Proposed Rules
Availability of request for stay of the effectiveness of tolerances; request for comments
SCOTUS435 U.S. 519
F. App'x803 F.2d 1016
F. Supp.490 F. Supp. 1334
Cite40 CFR 180
Cite40 CFR 2
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